*SB0324.2*
February 14, 2025
SENATE BILL No. 324
_____
DIGEST OF SB 324 (Updated February 13, 2025 10:05 am - DI 140)
Citations Affected: IC 5-2; IC 11-12; IC 31-19; IC 35-33; IC 35-42;
IC 35-47; IC 35-48; IC 35-50.
Synopsis: Criminal penalties. Increases the penalty levels of crimes
related to fentanyl and methamphetamine. Increases the penalty levels
of battery against a public safety official, battery resulting in moderate
bodily injury, battery resulting in serious bodily injury, battery against
a public safety official that results in bodily injury, battery against an
endangered adult resulting in serious bodily injury, battery against a
child that results in serious bodily injury, battery that results in death,
and aggravated battery. Requires that a bail hearing for a violent
arrestee be held in open court, within 48 hours, and sets minimum bail
requirements for the release of a repeat violent arrestee. Makes
conforming changes.
Effective: July 1, 2025.
Freeman, Koch, Carrasco
January 13, 2025, read first time and referred to Committee on Corrections and Criminal
Law.
January 28, 2025, amended, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
February 13, 2025, reported favorably — Do Pass.
SB 324—LS 7261/DI 151 February 14, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 324
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-2-22-1, AS AMENDED BY P.L.161-2018,
2 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 1. The following definitions apply throughout this
4 chapter:
5 (1) "Crime of child abuse" means:
6 (A) neglect of a dependent (IC 35-46-1-4) if the dependent is
7 a child and the offense is committed under:
8 (i) IC 35-46-1-4(a)(1);
9 (ii) IC 35-46-1-4(a)(2); or
10 (iii) IC 35-46-1-4(a)(3);
11 (B) child selling (IC 35-46-1-4(d));
12 (C) a sex offense (as defined in IC 11-8-8-5.2) committed
13 against a child; or
14 (D) battery against a child under:
15 (i) IC 35-42-2-1(e)(3) IC 35-42-2-1(e)(1) (battery on a
16 child);
17 (ii) IC 35-42-2-1(g)(5)(B) IC 35-42-2-1(g)(6)(A) (battery
SB 324—LS 7261/DI 151 2
1 causing bodily injury to a child);
2 (iii) IC 35-42-2-1(j) IC 35-42-2-1(k) (battery causing
3 serious bodily injury to a child); or
4 (iv) IC 35-42-2-1(k) IC 35-42-2-1(l) (battery resulting in the
5 death of a child).
6 (2) "Office" refers to the office of judicial administration created
7 under IC 33-24-6-1.
8 (3) "Registry" means the child abuse registry established under
9 section 2 of this chapter.
10 SECTION 2. IC 11-12-3.7-6, AS AMENDED BY P.L.78-2022,
11 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2025]: Sec. 6. As used in this chapter, "violent offense" means
13 one (1) or more of the following offenses:
14 (1) Murder (IC 35-42-1-1).
15 (2) Attempted murder (IC 35-41-5-1).
16 (3) Voluntary manslaughter (IC 35-42-1-3).
17 (4) Involuntary manslaughter (IC 35-42-1-4).
18 (5) Reckless homicide (IC 35-42-1-5).
19 (6) Aggravated battery (IC 35-42-2-1.5).
20 (7) Battery (IC 35-42-2-1) as a:
21 (A) Class A felony, Class B felony, or Class C felony (for a
22 crime committed before July 1, 2014); or
23 (B) Level 1 felony, Level 2 felony, Level 3 felony, Level 4
24 felony, or Level 5 felony (for a crime committed after June 30,
25 2014).
26 (8) Kidnapping (IC 35-42-3-2).
27 (9) A sex crime listed in IC 35-42-4-1 through IC 35-42-4-8 that
28 is a:
29 (A) Class A felony, Class B felony, or Class C felony (for a
30 crime committed before July 1, 2014); or
31 (B) Level 1 felony, Level 2 felony, Level 3 felony, Level 4
32 felony, or Level 5 felony (for a crime committed after June 30,
33 2014).
34 (10) Sexual misconduct with a minor (IC 35-42-4-9) as a:
35 (A) Class A felony or Class B felony (for a crime committed
36 before July 1, 2014); or
37 (B) Level 1 felony, Level 2 felony, or Level 4 felony (for a
38 crime committed after June 30, 2014).
39 (11) Incest (IC 35-46-1-3).
40 (12) Robbery (IC 35-42-5-1) as a:
41 (A) Class A felony or a Class B felony (for a crime committed
42 before July 1, 2014); or
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1 (B) Level 2 felony or Level 3 felony (for a crime committed
2 after June 30, 2014).
3 (13) Burglary (IC 35-43-2-1) as a:
4 (A) Class A felony or a Class B felony (for a crime committed
5 before July 1, 2014); or
6 (B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
7 felony (for a crime committed after June 30, 2014).
8 (14) Carjacking (IC 35-42-5-2) (repealed).
9 (15) Assisting a criminal (IC 35-44.1-2-5) as a:
10 (A) Class C felony (for a crime committed before July 1,
11 2014); or
12 (B) Level 5 felony (for a crime committed after June 30,
13 2014).
14 (16) Escape (IC 35-44.1-3-4) as a:
15 (A) Class B felony or Class C felony (for a crime committed
16 before July 1, 2014); or
17 (B) Level 4 felony or Level 5 felony (for a crime committed
18 after June 30, 2014).
19 (17) Trafficking with an inmate (IC 35-44.1-3-5) as a:
20 (A) Class C felony (for a crime committed before July 1,
21 2014); or
22 (B) Level 5 felony (for a crime committed after June 30,
23 2014).
24 (18) Causing death or catastrophic injury when operating a
25 vehicle (IC 9-30-5-5).
26 (19) Criminal confinement (IC 35-42-3-3) as a:
27 (A) Class B felony (for a crime committed before July 1,
28 2014); or
29 (B) Level 3 felony (for a crime committed after June 30,
30 2014).
31 (20) Arson (IC 35-43-1-1) as a:
32 (A) Class A or Class B felony (for a crime committed before
33 July 1, 2014); or
34 (B) Level 2, Level 3, or Level 4 felony (for a crime committed
35 after June 30, 2014).
36 (21) Possession, use, or manufacture of a weapon of mass
37 destruction (IC 35-46.5-2-1) (or IC 35-47-12-1 before its repeal).
38 (22) Terroristic mischief (IC 35-46.5-2-3) (or IC 35-47-12-3
39 before its repeal) as a:
40 (A) Class B felony (for a crime committed before July 1,
41 2014); or
42 (B) Level 4 felony (for a crime committed after June 30,
SB 324—LS 7261/DI 151 4
1 2014).
2 (23) Hijacking or disrupting an aircraft (IC 35-47-6-1.6).
3 (24) A violation of IC 35-47.5 (controlled explosives) as a:
4 (A) Class A or Class B felony (for a crime committed before
5 July 1, 2014); or
6 (B) Level 2 or Level 4 felony (for a crime committed after
7 June 30, 2014).
8 (25) Domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
9 3 felony, or Level 5 felony.
10 (26) Sexual misconduct with a service provider (35-44.1-3-10) as
11 a Level 4 felony.
12 (27) Any other crimes evidencing a propensity or history of
13 violence.
14 SECTION 3. IC 31-19-9-10, AS AMENDED BY P.L.142-2020,
15 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2025]: Sec. 10. A court shall determine that consent to
17 adoption is not required from a parent if:
18 (1) the parent is convicted of and incarcerated at the time of the
19 filing of a petition for adoption for:
20 (A) murder (IC 35-42-1-1);
21 (B) causing suicide (IC 35-42-1-2);
22 (C) voluntary manslaughter (IC 35-42-1-3);
23 (D) rape (IC 35-42-4-1);
24 (E) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
25 (F) child molesting (IC 35-42-4-3) as a:
26 (i) Class A or Class B felony, for a crime committed before
27 July 1, 2014; or
28 (ii) Level 1, Level 2, Level 3, or Level 4 felony, for a crime
29 committed after June 30, 2014;
30 (G) incest (IC 35-46-1-3) as a:
31 (i) Class B felony, for a crime committed before July 1,
32 2014; or
33 (ii) Level 4 felony, for a crime committed after June 30,
34 2014;
35 (H) neglect of a dependent (IC 35-46-1-4) as a:
36 (i) Class B felony, for a crime committed before July 1,
37 2014; or
38 (ii) Level 1 or Level 3 felony, for a crime committed after
39 June 30, 2014;
40 (I) battery (IC 35-42-2-1) of a child as a:
41 (i) Class C felony, for a crime committed before July 1,
42 2014; or
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1 (ii) Level 5 felony, for a crime committed after June 30,
2 2014;
3 (J) battery (IC 35-42-2-1) as a:
4 (i) Class A or Class B felony, for a crime committed before
5 July 1, 2014; or
6 (ii) Level 1, Level 2, Level 3, or Level 4 felony, for a crime
7 committed after June 30, 2014;
8 (K) domestic battery (IC 35-42-2-1.3) as a Level 5, Level 4,
9 Level 3, or Level 2 felony; or
10 (L) aggravated battery (IC 35-42-2-1.5) as a Level 3 Level 2
11 or Level 1 felony;
12 (2) the child or the child's sibling, half-blood sibling, or
13 step-sibling of the parent's current marriage is the victim of the
14 offense; and
15 (3) after notice to the parent and a hearing, the court determines
16 that dispensing with the parent's consent to adoption is in the
17 child's best interests.
18 SECTION 4. IC 35-33-8-3.4 IS ADDED TO THE INDIANA CODE
19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
20 1, 2025]: Sec. 3.4. (a) This section applies only to a violent arrestee.
21 (b) The following definitions apply throughout this section:
22 (1) "Crime of violence" means an offense:
23 (A) described in IC 35-50-1-2(a); and
24 (B) that is a Level 1, Level 2, Level 3, Level 4, or Level 5
25 felony.
26 (2) "Default bail schedule" means the following minimum bail
27 amounts, based on the most serious charged crime:
28 (A) For murder, no bail.
29 (B) For a Class A felony, Level 1 felony, or Level 2 felony,
30 fifty thousand dollars ($50,000).
31 (C) For a Class B felony, Level 3 felony, or Level 4 felony,
32 twenty thousand dollars ($20,000).
33 (D) For a Class C felony or Level 5 felony that is a crime of
34 domestic violence, twenty-five thousand dollars ($25,000).
35 (E) For a Class C felony or Level 5 felony that is not a
36 crime of domestic violence, seven thousand five hundred
37 dollars ($7,500).
38 (F) For a Class D felony or Level 6 felony, five hundred
39 dollars ($500).
40 (3) "Minimum bail amount" means:
41 (A) if:
42 (i) the court has adopted a bail schedule, the bail amount
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1 prescribed for a particular offense in the court's bail
2 schedule; or
3 (ii) the court has not adopted a bail schedule, the default
4 bail schedule; or
5 (B) if the violent arrestee has a prior conviction for a crime
6 of violence, twice the bail amount prescribed for a
7 particular offense in the court's bail schedule or default
8 bail schedule (whichever applies) for a violent arrestee
9 without a prior conviction for a crime of violence;
10 as applicable.
11 (4) "Repeat violent arrestee" means a person arrested for or
12 charged with a crime of violence who has a prior conviction
13 for a crime of violence.
14 (5) "Violent arrestee" means a person arrested for or charged
15 with a crime of violence.
16 (c) A violent arrestee may not be released pursuant to a bail
17 schedule, and may only be released on bail set individually by the
18 court following a hearing held in open court. Except as provided in
19 section 6 of this chapter, the court shall conduct a bail hearing not
20 later than forty-eight (48) hours after the person has been arrested,
21 unless exigent circumstances prevent holding the hearing within
22 forty-eight (48) hours. Before releasing a violent arrestee on bail,
23 the court must review the probable cause affidavit or arrest
24 warrant.
25 (d) A repeat violent arrestee may not be released pursuant to a
26 bail schedule, and may only be released on bail set individually by
27 the court following a hearing held in open court. Except as
28 provided in section 6 of this chapter, the court shall conduct a bail
29 hearing not later than forty-eight (48) hours after the person has
30 been arrested, unless exigent circumstances prevent holding the
31 hearing within forty-eight (48) hours. Before releasing a repeat
32 violent arrestee on bail, the court must review the probable cause
33 affidavit or arrest warrant. If a court releases a repeat violent
34 arrestee on bail, the court must impose bail in an amount that
35 equals or exceeds the minimum bail amount for the repeat violent
36 arrestee's most serious offense.
37 (e) A third party may not pay money bail imposed under this
38 section on behalf of a repeat violent arrestee (even for the portion
39 that exceeds the minimum bail amount) unless the third party is a
40 close relative (as defined in IC 33-23-11-2) of the repeat violent
41 arrestee.
42 SECTION 5. IC 35-42-2-1, AS AMENDED BY P.L.148-2024,
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1 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2025]: Sec. 1. (a) As used in this section, "public safety
3 official" means:
4 (1) a law enforcement officer, including an alcoholic beverage
5 enforcement officer;
6 (2) an employee of a penal facility or a juvenile detention facility
7 (as defined in IC 31-9-2-71);
8 (3) an employee of the department of correction;
9 (4) a probation officer;
10 (5) a parole officer;
11 (6) a community corrections worker;
12 (7) a home detention officer;
13 (8) a department of child services employee;
14 (9) a firefighter;
15 (10) an emergency medical services provider;
16 (11) a judicial officer;
17 (12) a bailiff of any court; or
18 (13) a special deputy (as described in IC 36-8-10-10.6).
19 (b) As used in this section, "relative" means an individual related by
20 blood, half-blood, adoption, marriage, or remarriage, including:
21 (1) a spouse;
22 (2) a parent or stepparent;
23 (3) a child or stepchild;
24 (4) a grandchild or stepgrandchild;
25 (5) a grandparent or stepgrandparent;
26 (6) a brother, sister, stepbrother, or stepsister;
27 (7) a niece or nephew;
28 (8) an aunt or uncle;
29 (9) a daughter-in-law or son-in-law;
30 (10) a mother-in-law or father-in-law; or
31 (11) a first cousin.
32 (c) Except as provided in subsections (d) through (k), a person who
33 knowingly or intentionally:
34 (1) touches another person in a rude, insolent, or angry manner;
35 or
36 (2) in a rude, insolent, or angry manner places any bodily fluid or
37 waste on another person;
38 commits battery, a Class B misdemeanor.
39 (d) The offense described in subsection (c)(1) or (c)(2) is a Class A
40 misdemeanor if it:
41 (1) results in bodily injury to any other person; or
42 (2) is committed against a member of a foster family home (as
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1 defined in IC 35-31.5-2-139.3) by a person who is not a resident
2 of the foster family home if the person who committed the offense
3 is a relative of a person who lived in the foster family home at the
4 time of the offense.
5 (e) The offense described in subsection (c)(1) or (c)(2) is a Level 6
6 felony if one (1) or more of the following apply:
7 (1) The offense results in moderate bodily injury to any other
8 person.
9 (2) The offense is committed against a public safety official while
10 the official is engaged in the official's official duty, unless the
11 offense is committed by a person detained or committed under
12 IC 12-26.
13 (3) (1) The offense is committed against a person less than
14 fourteen (14) years of age and is committed by a person at least
15 eighteen (18) years of age.
16 (4) (2) The offense is committed against a person of any age who
17 has a mental or physical disability and is committed by a person
18 having the care of the person with the mental or physical
19 disability, whether the care is assumed voluntarily or because of
20 a legal obligation.
21 (5) (3) The offense is committed against an endangered adult (as
22 defined in IC 12-10-3-2).
23 (6) (4) The offense:
24 (A) is committed against a member of a foster family home (as
25 defined in IC 35-31.5-2-139.3) by a person who is not a
26 resident of the foster family home if the person who committed
27 the offense is a relative of a person who lived in the foster
28 family home at the time of the offense; and
29 (B) results in bodily injury to the member of the foster family.
30 (f) The offense described in subsection (c)(2) is a Level 6 felony if
31 the person knew or recklessly failed to know that the bodily fluid or
32 waste placed on another person was infected with hepatitis,
33 tuberculosis, or human immunodeficiency virus.
34 (g) The offense described in subsection (c)(1) or (c)(2) is a Level 5
35 felony if one (1) or more of the following apply:
36 (1) The offense results in serious bodily injury to another person.
37 (1) The offense results in moderate bodily injury to any other
38 person.
39 (2) The offense is committed with a deadly weapon.
40 (3) The offense results in bodily injury to a pregnant woman if the
41 person knew of the pregnancy.
42 (4) The person has a previous conviction for a battery or
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1 strangulation offense included in this chapter against the same
2 victim.
3 (5) The offense is committed against a public safety official
4 while the official is engaged in the official's official duty,
5 unless the offense is committed by a person detained or
6 committed under IC 12-26.
7 (5) (6) The offense results in bodily injury to one (1) or more of
8 the following:
9 (A) A public safety official while the official is engaged in the
10 official's official duties, unless the offense is committed by a
11 person detained or committed under IC 12-26.
12 (B) (A) A person less than fourteen (14) years of age if the
13 offense is committed by a person at least eighteen (18) years
14 of age.
15 (C) (B) A person who has a mental or physical disability if the
16 offense is committed by an individual having care of the
17 person with the disability, regardless of whether the care is
18 assumed voluntarily or because of a legal obligation.
19 (D) (C) An endangered adult (as defined in IC 12-10-3-2).
20 (h) The offense described in subsection (c)(2) is a Level 5 felony if:
21 (1) the person knew or recklessly failed to know that the bodily
22 fluid or waste placed on another person was infected with
23 hepatitis, tuberculosis, or human immunodeficiency virus; and
24 (2) the person placed the bodily fluid or waste on a public safety
25 official, unless the offense is committed by a person detained or
26 committed under IC 12-26.
27 (i) The offense described in subsection (c)(1) or (c)(2) is a Level 4
28 felony if one (1) or more of the following apply:
29 (1) The offense results in serious bodily injury to another
30 person. it results in serious bodily injury to an endangered adult
31 (as defined in IC 12-10-3-2).
32 (2) The offense results in bodily injury to a public safety
33 official while the official is engaged in the official's official
34 duties, unless the offense is committed by a person detained or
35 committed under IC 12-26.
36 (j) The offense described in subsection (c)(1) or (c)(2) is a Level 3
37 felony if it results in serious bodily injury to a person less than fourteen
38 (14) years of age if the offense is committed by a person at least
39 eighteen (18) years of age. serious bodily injury to an endangered
40 adult (as defined in IC 12-10-3-2).
41 (k) The offense described in subsection (c)(1) or (c)(2) is a Level
42 2 felony if it results in serious bodily injury to a person less than
SB 324—LS 7261/DI 151 10
1 fourteen (14) years of age if the offense is committed by a person
2 at least eighteen (18) years of age.
3 (k) (l) The offense described in subsection (c)(1) or (c)(2) is a Level
4 2 Level 1 felony if it results in the death of one (1) or more of the
5 following:
6 (1) A person less than fourteen (14) years of age if the offense is
7 committed by a person at least eighteen (18) years of age.
8 (2) An endangered adult (as defined in IC 12-10-3-2).
9 SECTION 6. IC 35-42-2-1.5, AS AMENDED BY P.L.158-2013,
10 SECTION 422, IS AMENDED TO READ AS FOLLOWS
11 [EFFECTIVE JULY 1, 2025]: Sec. 1.5. A person who knowingly or
12 intentionally inflicts injury on a person that creates a substantial risk of
13 death or causes:
14 (1) serious permanent disfigurement;
15 (2) protracted loss or impairment of the function of a bodily
16 member or organ; or
17 (3) the loss of a fetus;
18 commits aggravated battery, a Level 3 Level 2 felony. However, the
19 offense is a Level 1 felony if it results in the death of a child less than
20 fourteen (14) years of age and is committed by a person at least
21 eighteen (18) years of age.
22 SECTION 7. IC 35-47-4-5, AS AMENDED BY THE TECHNICAL
23 CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS
24 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
25 Sec. 5. (a) As used in this section, "serious violent felon" means a
26 person who has been convicted of committing a serious violent felony.
27 (b) As used in this section, "serious violent felony" means:
28 (1) murder (IC 35-42-1-1);
29 (2) attempted murder (IC 35-41-5-1);
30 (3) voluntary manslaughter (IC 35-42-1-3);
31 (4) reckless homicide not committed by means of a vehicle
32 (IC 35-42-1-5);
33 (5) battery (IC 35-42-2-1) as a:
34 (A) Class A felony, Class B felony, or Class C felony, for a
35 crime committed before July 1, 2014; or
36 (B) Level 1 felony, Level 2 felony, Level 3 felony, Level 4
37 felony, or Level 5 felony, for a crime committed after June 30,
38 2014;
39 (6) domestic battery (IC 35-42-2-1.3) as a Level 2 felony, Level
40 3 felony, Level 4 felony, or Level 5 felony;
41 (7) aggravated battery (IC 35-42-2-1.5);
42 (8) strangulation (IC 35-42-2-9);
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1 (9) kidnapping (IC 35-42-3-2);
2 (10) criminal confinement (IC 35-42-3-3);
3 (11) a human or sexual trafficking offense under IC 35-42-3.5;
4 (12) rape (IC 35-42-4-1);
5 (13) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
6 (14) child molesting (IC 35-42-4-3);
7 (15) sexual battery (IC 35-42-4-8) as a:
8 (A) Class C felony, for a crime committed before July 1, 2014;
9 or
10 (B) Level 5 felony, for a crime committed after June 30, 2014;
11 (16) robbery (IC 35-42-5-1);
12 (17) carjacking (IC 5-42-5-2) (IC 35-42-5-2) (before its repeal);
13 (18) arson (IC 35-43-1-1(a)) as a:
14 (A) Class A felony or Class B felony, for a crime committed
15 before July 1, 2014; or
16 (B) Level 2 felony, Level 3 felony, or Level 4 felony, for a
17 crime committed after June 30, 2014;
18 (19) burglary (IC 35-43-2-1) as a:
19 (A) Class A felony or Class B felony, for a crime committed
20 before July 1, 2014; or
21 (B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
22 felony, for a crime committed after June 30, 2014;
23 (20) assisting a criminal (IC 35-44.1-2-5) as a:
24 (A) Class C felony, for a crime committed before July 1, 2014;
25 or
26 (B) Level 5 felony, for a crime committed after June 30, 2014;
27 (21) resisting law enforcement (IC 35-44.1-3-1) as a:
28 (A) Class B felony or Class C felony, for a crime committed
29 before July 1, 2014; or
30 (B) Level 2 felony, Level 3 felony, or Level 5 felony, for a
31 crime committed after June 30, 2014;
32 (22) escape (IC 35-44.1-3-4) as a:
33 (A) Class B felony or Class C felony, for a crime committed
34 before July 1, 2014; or
35 (B) Level 4 felony or Level 5 felony, for a crime committed
36 after June 30, 2014;
37 (23) trafficking with an inmate (IC 35-44.1-3-5) as a:
38 (A) Class C felony, for a crime committed before July 1, 2014;
39 or
40 (B) Level 5 felony, for a crime committed after June 30, 2014;
41 (24) criminal organization intimidation (IC 35-45-9-4);
42 (25) stalking (IC 35-45-10-5) as a:
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1 (A) Class B felony or Class C felony, for a crime committed
2 before July 1, 2014; or
3 (B) Level 4 felony or Level 5 felony, for a crime committed
4 after June 30, 2014;
5 (26) incest (IC 35-46-1-3);
6 (27) dealing in or manufacturing cocaine or a narcotic drug
7 (IC 35-48-4-1);
8 (28) dealing in methamphetamine (IC 35-48-4-1.1) or
9 manufacturing methamphetamine (IC 35-48-4-1.2);
10 (29) dealing in a schedule I, II, or III controlled substance
11 (IC 35-48-4-2);
12 (30) dealing in a schedule IV controlled substance (IC 35-48-4-3);
13 (31) dealing in a schedule V controlled substance (IC 35-48-4-4);
14 or
15 (32) dealing in a controlled substance resulting in death
16 (IC 35-42-1-1.5).
17 (c) A serious violent felon who knowingly or intentionally possesses
18 a firearm commits unlawful possession of a firearm by a serious violent
19 felon, a Level 4 felony.
20 SECTION 8. IC 35-48-4-1, AS AMENDED BY P.L.48-2023,
21 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2025]: Sec. 1. (a) A person who:
23 (1) knowingly or intentionally:
24 (A) manufactures;
25 (B) finances the manufacture of;
26 (C) delivers; or
27 (D) finances the delivery of;
28 cocaine or a narcotic drug, pure or adulterated, classified in
29 schedule I or II; or
30 (2) possesses, with intent to:
31 (A) manufacture;
32 (B) finance the manufacture of;
33 (C) deliver; or
34 (D) finance the delivery of;
35 cocaine or a narcotic drug, pure or adulterated, classified in
36 schedule I or II;
37 commits dealing in cocaine or a narcotic drug, a Level 5 felony, except
38 as provided in subsections (b) through (e).
39 (b) A person may be convicted of an offense under subsection (a)(2)
40 only if:
41 (1) there is evidence in addition to the weight of the drug that the
42 person intended to manufacture, finance the manufacture of,
SB 324—LS 7261/DI 151 13
1 deliver, or finance the delivery of the drug; or
2 (2) the amount of the drug involved is at least twenty-eight (28)
3 grams.
4 (c) The offense is a Level 4 felony if:
5 (1) the amount of the drug involved is at least one (1) gram but
6 less than five (5) grams;
7 (2) the amount of the drug involved is less than one (1) gram and
8 an enhancing circumstance applies; or
9 (3) the drug is heroin and the amount of heroin involved,
10 aggregated over a period of not more than ninety (90) days, is at
11 least three (3) grams but less than seven (7) grams. or
12 (4) the drug is a fentanyl containing substance and the amount of
13 fentanyl containing substance involved, aggregated over a period
14 of not more than ninety (90) days, is at least one (1) gram but less
15 than three (3) grams.
16 (d) The offense is a Level 3 felony if:
17 (1) the amount of the drug involved is at least five (5) grams but
18 less than ten (10) grams;
19 (2) the amount of the drug involved is at least one (1) gram but
20 less than five (5) grams and an enhancing circumstance applies;
21 (3) the drug is heroin and the amount of heroin involved,
22 aggregated over a period of not more than ninety (90) days, is at
23 least seven (7) grams but less than twelve (12) grams;
24 (4) the drug is heroin and:
25 (A) the amount of heroin involved, aggregated over a period
26 of not more than ninety (90) days, is at least three (3) grams
27 but less than seven (7) grams; and
28 (B) an enhancing circumstance applies; or
29 (5) the drug is a fentanyl containing substance and the amount of
30 fentanyl containing substance involved, aggregated over a period
31 of not more than ninety (90) days, is at least three (3) grams but
32 less than seven (7) grams; or
33 (6) the drug is a fentanyl containing substance and:
34 (A) the amount of fentanyl containing substance involved,
35 aggregated over a period of not more than ninety (90) days, is
36 at least one (1) gram but less than three (3) grams; and
37 (B) an enhancing circumstance applies.
38 (5) the drug is a fentanyl containing substance and the amount
39 of fentanyl containing substance involved, aggregated over a
40 period of not more than ninety (90) days, is at least one (1)
41 gram but less than three (3) grams.
42 (e) The offense is a Level 2 felony if:
SB 324—LS 7261/DI 151 14
1 (1) the amount of the drug involved is at least ten (10) grams;
2 (2) the amount of the drug involved is at least five (5) grams but
3 less than ten (10) grams and an enhancing circumstance applies;
4 (3) the drug is heroin and the amount of heroin involved,
5 aggregated over a period of not more than ninety (90) days, is at
6 least twelve (12) grams;
7 (4) the drug is heroin and:
8 (A) the amount of heroin involved, aggregated over a period
9 of not more than ninety (90) days, is at least seven (7) grams
10 but less than twelve (12) grams; and
11 (B) an enhancing circumstance applies;
12 (5) the drug is a fentanyl containing substance and the amount of
13 fentanyl containing substance involved, aggregated over a period
14 of not more than ninety (90) days, is at least seven (7) grams; or
15 (6) the drug is a fentanyl containing substance and:
16 (A) the amount of fentanyl containing substance involved,
17 aggregated over a period of not more than ninety (90) days, is
18 at least three (3) grams but less than seven (7) grams; and
19 (B) an enhancing circumstance applies.
20 (5) the drug is a fentanyl containing substance and the amount
21 of fentanyl containing substance involved, aggregated over a
22 period of not more than ninety (90) days, is at least three (3)
23 grams but less than seven (7) grams; or
24 (6) the drug is a fentanyl containing substance and:
25 (A) the amount of fentanyl containing substance involved,
26 aggregated over a period of not more than ninety (90)
27 days, is at least one (1) gram but less than three (3) grams;
28 and
29 (B) an enhancing circumstance applies.
30 (f) The offense is a Level 1 felony if:
31 (1) the drug is a fentanyl containing substance and the amount
32 of fentanyl containing substance involved, aggregated over a
33 period of not more than ninety (90) days, is at least seven (7)
34 grams; or
35 (2) the drug is a fentanyl containing substance and:
36 (A) the amount of fentanyl containing substance involved,
37 aggregated over a period of not more than ninety (90)
38 days, is at least three (3) grams but less than seven (7)
39 grams; and
40 (B) an enhancing circumstance applies.
41 SECTION 9. IC 35-48-4-1.1, AS AMENDED BY P.L.252-2017,
42 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
SB 324—LS 7261/DI 151 15
1 JULY 1, 2025]: Sec. 1.1. (a) A person who:
2 (1) knowingly or intentionally:
3 (A) delivers; or
4 (B) finances the delivery of;
5 methamphetamine, pure or adulterated; or
6 (2) possesses, with intent to:
7 (A) deliver; or
8 (B) finance the delivery of;
9 methamphetamine, pure or adulterated;
10 commits dealing in methamphetamine, a Level 5 Level 4 felony, except
11 as provided in subsections (b) through (e).
12 (b) A person may be convicted of an offense under subsection (a)(2)
13 only if:
14 (1) there is evidence in addition to the weight of the drug that the
15 person intended to deliver or finance the delivery of the drug; or
16 (2) the amount of the drug involved is at least twenty-eight (28)
17 grams.
18 (c) The offense is a Level 4 Level 3 felony if:
19 (1) the amount of the drug involved is at least one (1) gram but
20 less than five (5) grams; or
21 (2) the amount of the drug involved is less than one (1) gram and
22 an enhancing circumstance applies.
23 (d) The offense is a Level 3 Level 2 felony if:
24 (1) the amount of the drug involved is at least five (5) grams but
25 less than ten (10) grams; or
26 (2) the amount of the drug involved is at least one (1) gram but
27 less than five (5) grams and an enhancing circumstance applies.
28 (e) The offense is a Level 2 Level 1 felony if:
29 (1) the amount of the drug involved is at least ten (10) grams; or
30 (2) the amount of the drug involved is at least five (5) grams but
31 less than ten (10) grams and an enhancing circumstance applies.
32 SECTION 10. IC 35-48-4-1.2, AS ADDED BY P.L.252-2017,
33 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2025]: Sec. 1.2. (a) A person who knowingly or intentionally
35 manufactures or finances the manufacture of methamphetamine, pure
36 or adulterated, commits manufacturing methamphetamine, a Level 4
37 Level 3 felony, except as provided in subsections (b) and (c).
38 (b) The offense is a Level 3 Level 2 felony if:
39 (1) the amount of the drug involved is at least five (5) grams but
40 less than ten (10) grams; or
41 (2) the amount of the drug involved is at least one (1) gram but
42 less than five (5) grams and an enhancing circumstance applies.
SB 324—LS 7261/DI 151 16
1 (c) The offense is a Level 2 Level 1 felony if:
2 (1) the amount of the drug involved is at least ten (10) grams;
3 (2) the amount of the drug involved is at least five (5) grams but
4 less than ten (10) grams and an enhancing circumstance applies;
5 (3) the manufacture of the drug results in serious bodily injury to
6 a person other than the manufacturer; or
7 (4) the manufacture of the drug results in the death of a person
8 other than the manufacturer.
9 SECTION 11. IC 35-50-1-2, AS AMENDED BY P.L.142-2020,
10 SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2025]: Sec. 2. (a) As used in this section, "crime of violence"
12 means the following:
13 (1) Murder (IC 35-42-1-1).
14 (2) Attempted murder (IC 35-41-5-1).
15 (3) Voluntary manslaughter (IC 35-42-1-3).
16 (4) Involuntary manslaughter (IC 35-42-1-4).
17 (5) Reckless homicide (IC 35-42-1-5).
18 (6) Battery (IC 35-42-2-1) as a:
19 (A) Level 1 felony;
20 (A) (B) Level 2 felony;
21 (B) (C) Level 3 felony;
22 (C) (D) Level 4 felony; or
23 (D) (E) Level 5 felony.
24 (7) Domestic battery (IC 35-42-2-1.3) as a:
25 (A) Level 2 felony;
26 (B) Level 3 felony;
27 (C) Level 4 felony; or
28 (D) Level 5 felony.
29 (8) Aggravated battery (IC 35-42-2-1.5).
30 (9) Kidnapping (IC 35-42-3-2).
31 (10) Rape (IC 35-42-4-1).
32 (11) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
33 (12) Child molesting (IC 35-42-4-3).
34 (13) Sexual misconduct with a minor as a Level 1 felony under
35 IC 35-42-4-9(a)(2) or a Level 2 felony under IC 35-42-4-9(b)(2).
36 (14) Robbery as a Level 2 felony or a Level 3 felony
37 (IC 35-42-5-1).
38 (15) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony,
39 or Level 4 felony (IC 35-43-2-1).
40 (16) Operating a vehicle while intoxicated causing death or
41 catastrophic injury (IC 9-30-5-5).
42 (17) Operating a vehicle while intoxicated causing serious bodily
SB 324—LS 7261/DI 151 17
1 injury to another person (IC 9-30-5-4).
2 (18) Child exploitation as a Level 5 felony under IC 35-42-4-4(b)
3 or a Level 4 felony under IC 35-42-4-4(c).
4 (19) Resisting law enforcement as a felony (IC 35-44.1-3-1).
5 (20) Unlawful possession of a firearm by a serious violent felon
6 (IC 35-47-4-5).
7 (21) Strangulation (IC 35-42-2-9) as a Level 5 felony.
8 (b) As used in this section, "episode of criminal conduct" means
9 offenses or a connected series of offenses that are closely related in
10 time, place, and circumstance.
11 (c) Except as provided in subsection (e) or (f) the court shall
12 determine whether terms of imprisonment shall be served concurrently
13 or consecutively. The court may consider the:
14 (1) aggravating circumstances in IC 35-38-1-7.1(a); and
15 (2) mitigating circumstances in IC 35-38-1-7.1(b);
16 in making a determination under this subsection. The court may order
17 terms of imprisonment to be served consecutively even if the sentences
18 are not imposed at the same time. However, except for crimes of
19 violence, the total of the consecutive terms of imprisonment, exclusive
20 of terms of imprisonment under IC 35-50-2-8 and IC 35-50-2-10
21 (before its repeal) to which the defendant is sentenced for felony
22 convictions arising out of an episode of criminal conduct shall not
23 exceed the period described in subsection (d).
24 (d) Except as provided in subsection (c), the total of the consecutive
25 terms of imprisonment to which the defendant is sentenced for felony
26 convictions arising out of an episode of criminal conduct may not
27 exceed the following:
28 (1) If the most serious crime for which the defendant is sentenced
29 is a Level 6 felony, the total of the consecutive terms of
30 imprisonment may not exceed four (4) years.
31 (2) If the most serious crime for which the defendant is sentenced
32 is a Level 5 felony, the total of the consecutive terms of
33 imprisonment may not exceed seven (7) years.
34 (3) If the most serious crime for which the defendant is sentenced
35 is a Level 4 felony, the total of the consecutive terms of
36 imprisonment may not exceed fifteen (15) years.
37 (4) If the most serious crime for which the defendant is sentenced
38 is a Level 3 felony, the total of the consecutive terms of
39 imprisonment may not exceed twenty (20) years.
40 (5) If the most serious crime for which the defendant is sentenced
41 is a Level 2 felony, the total of the consecutive terms of
42 imprisonment may not exceed thirty-two (32) years.
SB 324—LS 7261/DI 151 18
1 (6) If the most serious crime for which the defendant is sentenced
2 is a Level 1 felony, the total of the consecutive terms of
3 imprisonment may not exceed forty-two (42) years.
4 (e) If, after being arrested for one (1) crime, a person commits
5 another crime:
6 (1) before the date the person is discharged from probation,
7 parole, or a term of imprisonment imposed for the first crime; or
8 (2) while the person is released:
9 (A) upon the person's own recognizance; or
10 (B) on bond;
11 the terms of imprisonment for the crimes shall be served consecutively,
12 regardless of the order in which the crimes are tried and sentences are
13 imposed.
14 (f) If the factfinder determines under IC 35-50-2-11 that a person
15 used a firearm in the commission of the offense for which the person
16 was convicted, the term of imprisonment for the underlying offense and
17 the additional term of imprisonment imposed under IC 35-50-2-11
18 must be served consecutively.
SB 324—LS 7261/DI 151 19
COMMITTEE REPORT
Mr. President: The Senate Committee on Corrections and Criminal
Law, to which was referred Senate Bill No. 324, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 5, delete lines 18 through 26, begin a new paragraph and
insert:
"SECTION 4. IC 35-33-8-3.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 3.4. (a) This section applies only
to a violent arrestee.
(b) The following definitions apply throughout this section:
(1) "Crime of violence" means an offense:
(A) described in IC 35-50-1-2(a); and
(B) that is a Level 1, Level 2, Level 3, Level 4, or Level 5
felony.
(2) "Default bail schedule" means the following minimum bail
amounts, based on the most serious charged crime:
(A) For murder, no bail.
(B) For a Class A felony, Level 1 felony, or Level 2 felony,
fifty thousand dollars ($50,000).
(C) For a Class B felony, Level 3 felony, or Level 4 felony,
twenty thousand dollars ($20,000).
(D) For a Class C felony or Level 5 felony that is a crime of
domestic violence, twenty-five thousand dollars ($25,000).
(E) For a Class C felony or Level 5 felony that is not a
crime of domestic violence, seven thousand five hundred
dollars ($7,500).
(F) For a Class D felony or Level 6 felony, five hundred
dollars ($500).
(3) "Minimum bail amount" means:
(A) if:
(i) the court has adopted a bail schedule, the bail amount
prescribed for a particular offense in the court's bail
schedule; or
(ii) the court has not adopted a bail schedule, the default
bail schedule; or
(B) if the violent arrestee has a prior conviction for a crime
of violence, twice the bail amount prescribed for a
particular offense in the court's bail schedule or default
bail schedule (whichever applies) for a violent arrestee
SB 324—LS 7261/DI 151 20
without a prior conviction for a crime of violence;
as applicable.
(4) "Repeat violent arrestee" means a person arrested for or
charged with a crime of violence who has a prior conviction
for a crime of violence.
(5) "Violent arrestee" means a person arrested for or charged
with a crime of violence.
(c) A violent arrestee may not be released pursuant to a bail
schedule, and may only be released on bail set individually by the
court following a hearing held in open court. Except as provided in
section 6 of this chapter, the court shall conduct a bail hearing not
later than forty-eight (48) hours after the person has been arrested,
unless exigent circumstances prevent holding the hearing within
forty-eight (48) hours. Before releasing a violent arrestee on bail,
the court must review the probable cause affidavit or arrest
warrant.
(d) A repeat violent arrestee may not be released pursuant to a
bail schedule, and may only be released on bail set individually by
the court following a hearing held in open court. Except as
provided in section 6 of this chapter, the court shall conduct a bail
hearing not later than forty-eight (48) hours after the person has
been arrested, unless exigent circumstances prevent holding the
hearing within forty-eight (48) hours. Before releasing a repeat
violent arrestee on bail, the court must review the probable cause
affidavit or arrest warrant. If a court releases a repeat violent
arrestee on bail, the court must impose bail in an amount that
equals or exceeds the minimum bail amount for the repeat violent
arrestee's most serious offense.
(e) A third party may not pay money bail imposed under this
section on behalf of a repeat violent arrestee (even for the portion
that exceeds the minimum bail amount) unless the third party is a
close relative (as defined in IC 33-23-11-2) of the repeat violent
arrestee.".
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Appropriations.
(Reference is to SB 324 as introduced.)
FREEMAN, Chairperson
Committee Vote: Yeas 8, Nays 1.
SB 324—LS 7261/DI 151 21
COMMITTEE REPORT
Mr. President: The Senate Committee on Appropriations, to which
was referred Senate Bill No. 324, has had the same under consideration
and begs leave to report the same back to the Senate with the
recommendation that said bill DO PASS.
(Reference is to SB 324 as printed January 29, 2025.)
MISHLER, Chairperson
Committee Vote: Yeas 10, Nays 3
SB 324—LS 7261/DI 151